                        TITLE 19--CUSTOMS DUTIES
 
              CHAPTER 3--THE TARIFF AND RELATED PROVISIONS
 
                   SUBTITLE IV--CUSTOMS ADMINISTRATION
 
                        Administrative Provisions
 
                     part 5--enforcement provisions
 
Sec. 535. Compulsory production of books, invoices, or papers

    In all suits and proceedings other than criminal arising under any 
of the revenue laws of the United States, the attorney representing the 
Government, whenever, in his belief, any business book, invoice, or 
paper, belonging to or under the control of the defendant or claimant, 
will tend to prove any allegation made by the United States, may make a 
written motion, particularly describing such book, invoice, or paper, 
and setting forth the allegation which he expects to prove; and 
thereupon the court in which suit or proceeding is pending may, at its 
discretion, issue a notice to the defendant or claimant to produce such 
book, invoice, or paper in court, at a day and hour to be specified in 
said notice, which, together with a copy of said motion, shall be served 
formally on the defendant or claimant by the United States marshal by 
delivering to him a certified copy thereof, or otherwise serving the 
same as original notices of suit in the same court are served; and if 
the defendant or claimant shall fail or refuse to produce such book, 
invoice, or paper in obedience to such notice, the allegations stated in 
the said motion shall be taken as confessed unless his failure or 
refusal to produce the same shall be explained to the satisfaction of 
the court. And if produced, the said attorney shall be permitted, under 
the direction of the court, to make examination (at which examination 
the defendant or claimant, or his agent, may be present) of such entries 
in said book, invoice, or paper as relate to or tend to prove the 
allegation aforesaid, and may offer the same in evidence on behalf of 
the United States. But the owner of said books and papers, his agent or 
attorney, shall have, subject to the order of the court, the custody of 
them, except pending their examination in court as aforesaid.

(June 22, 1874, ch. 391, Sec. 5, 18 Stat. 187.)


                            Constitutionality

    This section held unconstitutional as applied to a suit to enforce a 
forfeiture decided to be criminal in its nature in Boyd v. U.S. ((1886), 
116 U.S. 616, 6 S. Ct. 524, 29 U.S. (L. Ed.) 746.)
